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RECOGNIZANCE (Release on Recognizance)

• It is an older method of suspending or deferring judgment for good behavior.

• This was based on an ancient practice developed in England in the 14th Century.

• Involving an obligation or promise, sworn to under court order by a person not yet convicted that he would keep the peace and be of good behavior.

• Is an obligation or record, entered into before some court with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial.

Presidential Decree 968 - Probation Law, Sec. 7, Paragraph 2

“That, in case where no bail was filed or that the defendant is incapable of fling one, the court may allow the release of the defendant on recognizance to the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court”

Child and Youth Welfare Code - Presidential Decree 603, Art. 191

“If the youthful is unable to furnish bail, the youthful offender shall from the time of his arrest be committed to the care of the DSWD or the Local Rehabilitation Center which shall be responsible for his appearance in court whenever required, or the court may, in discretion, upon the recommendation of the DSWD, release a youthful offender on recognizance, to the custody of his parents or other suitable people who shall be responsible for his appearance wherever required.”

Juvenile Justice and Welfare Act of 2006 - Republic Act 9344, Sec. 35

“Sec. 35. Release on Recognizance - Where a child is detained, the court shall order:

1. The release of the minor on recognizance to his/her parents and other suitable person;

2. The release of the child in conflict with the law on bail; or

3. The transfer of the minor to a youth detention home/ youth rehabilitation center. “

• 1987 Philippine Constitution ( Art. III, Sec. 13,)

• Revised Rules of Criminal Procedure (Sec. 15)

Present Nature of Recognizance in the Philippines ROR is guaranteed under the…

Revised Rule on Children in Conflict with the Law - CICL, Sec. 25

“Section 25. Release of Children on Recognizance to the Parents, Guardian, Custodian or Nearest Relative. - The child shall be released to the custody of a willing and responsible mother or father, or appropriate guardian or custodian or in their absence, the nearest relative, who shall be responsible for the child’s good behavior and appearance in court whenever required.

Qualifications and Requirements for Release on Recognizance

• That the applicant is a Filipino citizen;

• That he is a resident of the Philippines for at least six (6) months prior to the filing of the application;

• That the offense for which he is in custody and seeks to be released on recognizance is not punishable by death, reclusion perpetua, or life imprisonment;

• That he has no sufficient means to post corporate surety, property bond, or cash deposit as bail bond; and

• More than 5 years have elapsed since his last conviction or release from imprisonment after conviction for an offense if any, and he has shown good behavior during the said period. 

Disqualifications for Release on Recognizance

• That he is a danger to the community;

• That the circumstances of his case indicate the probability of flight if released on recognizance;

• That he is a recidivist, quasi-recidivist, or habitual delinquent, or has been previously convicted of a crime aggravated by the circumstance of reiteration;

• That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his previous bail or release on recognizance, if any, without valid justification;

• That he has previously committed a crime while under probation, parole, or conditional pardon; or

• That there is undue risk that he may commit another crime if released on recognizance.

HABEAS CORPUS

which literally means to "produce the body")   

• A writ of habeas corpus is a court-written order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention.

• Is a writ that has been esteemed the best and only sufficient defense of personal freedom of persons who are illegally restrained of their liberty, or illegally detained from the control of those who are entitled to their custody.

• It means by which judicial inquiry is made into the alleged encroachments upon the political and natural rights of individuals, such as restraint of liberty. It is directed to the person in whose custody the person is detained.

• Supreme Court

• Court of Appeals

• Court of First Instance 

Who may grant the Writ of Habeas Corpus?

DEATH OF CONVICT

1. the death of a convict extinguishes criminal liability at any stage of the criminal proceeding. If death occurs, there will be nobody to serve the penalty for the crime.

The death of the convict, whether before or after final judgment, extinguished criminal liability, because one of the juridical conditions of penalty is that it is personal.

SERVICE OF THE SENTENCE

after the convict served his sentence, his criminal liability is automatically extinguished. However, the service of the sentence does not extinguish civil liability.

AMNESTY

1. is granted by Proclamation of the Chief Executive with the concurrence of Congress. Criminal action or liability is totally extinguished by amnesty, completely extinguishing the penalty and its effect.

- an official pardon for people who have been convicted of political offenses. ( In criminology, a political crime or political offense is an offense involving overt acts or omissions, which prejudice the interests of the state, its government, or the political system).

ABSOLUTE PARDON

It is the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever resulting in the full restoration of his civil rights.

• Looks forward and relieves the offender from the consequences of an offense of which he has been convicted. An absolute pardon not only blots out the crime committed but also removes all disabilities resulting from the conviction.

PRESCRIPTION OF PENALTY

is the loss or waiver of the State of its right to punish the convict. In other words, the prescription of penalty is the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time.

• Prescription of penalty occurs when the convict escapes from detention or evades the service of his sentence.

1. That there is a final judgment.

2. That the period of time prescribed by law for its enforcement has lapse.

Two (2) conditions necessary in the prescription of penalty

Prescriptive Period of Penalties under Article 92 of the RPC

1. Death, Life Imprisonment, and Reclusion Perpetua

2. Other afflictive penalties

3. Correctional penalties

4. Light penalties

PRESCRIPTION OF CRIME

refers to the loss or waiver of the right of the State to prosecute offenders after the lapse of a certain time.

Prescriptive period of Crimes under Art. 90 of the RPC

1. Death, Life Imprisonment, Reclusion Perpetua, or Reclusion Temporal 

2. Other Afflictive penalties

3. Correctional penalties

4. Crime of libel

5. Oral defamation and slander by deed

6. Light offenses

7. Violation of municipal ordinances

MARRIAGE OF THE OFFENDED WOMAN UNDER ART. 344 OF THE RPC

the marriage of the offender with the offended woman after the commission of any of the crimes of rape, seduction, abduction or acts of lasciviousness as provided in Art. 344, must be contracted by the offender in good faith.

EXPRESS REPEAL OF PENAL LAW

if a law was enacted and it provides therein that the criminal liability of the accused is extinguished, then it is an express repeal of penal law. 

CONDITIONAL PARDON

• any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein; otherwise, his non-compliance with any of the conditions shall result in the revocation of the pardon.

• Consider a contract between the sovereign power of the executive and the convict that the former will release the latter upon compliance with the condition.

• In conditional pardon, the condition usually imposed upon the convict is that “ he shall not again violate any of the penal laws of the Philippines”.

COMMUTATION OF SENTENCE

• simply mean, reduction or mitigating of the penalty.

• Is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by reducing the length of the imprisonment or the amount of the fine.

GOOD CONDUCT ALLOWANCES DURING CONFINEMENT

• credit earned by an inmate which reduces the duration of his incarceration. It also refers to time subtracted from a sentence by prison authorities for good behavior or for other reasons.

• Good Conduct Time Allowance (GCTA)

SPECIAL TIME ALLOWANCE FOR LOYALTY OF PRISONER

• Refers to the deduction of ⅕ of the period of the sentence of a prisoner who, having evaded the service of his sentence during the calamity or catastrophe mentioned in Art. 158 of the RPC, gave himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe.

• The Director of Prison may grant GCTA to an inmate who displays good behavior and who has no record of breach of discipline or violation of prison rules and regulations.

Who may grant a Good Conduct Time Allowance (GCTA)?

2 years of imprisonment

What are the Effects of GCTA when granted?

a deduction of 5 days for each month

3 to 5 years of imprisonment

What are the Effects of GCTA when granted?

a deduction of 8 days for each month

Until the 10th year

What are the Effects of GCTA when granted?

 a deduction of 10 days for each month

11th and successive years

What are the Effects of GCTA when granted?

a deduction of 15 days for each month

PAROLE

• release from confinement, but without full restoration of liberty, as the parolee, is still in the custody of the law although not in confinement. 

• If the convict fails to observe the conditions of the parole, the Board of Pardons and Parole is authorized to direct his arrest and return to custody and thereafter to carry out his sentence without deduction of the time that has elapsed between the date of the parole and the subsequent arrest.

PROBATION

• is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.